mediation and legal disputes in mexico

by Don D. Nelson, International Tax Attorney at Law
Partner in Kauffman Nelson LLP, Certified Public Accountants

If you want to dramatically cut costs and waiting for a resolution, consider using Mediation to resolve your legal disputes in Mexico.

Mediation is an informal process where an impartial third-party, the mediator, helps the disputing parties find a mutually satisfactory solution to their issue. The mediator guides the parties toward a mutually agreeable settlement by helping them clarify their underlying interests and concerns, and encouraging compromise and trade-offs based on the relative importance of each item to each party.

Mediators cannot impose a resolution upon the parties since they are not able to make legally binding decisions. Any settlement reached, if in fact one is reached, is simply an agreement signed by the parties just like any other contract. The settlement does not have the same legal force as an Award which results from arbitration.

Mediation is usually well-suited to disputing parties who still have a somewhat amicable relationship, who are still able to negotiate, and who do not want a third-party to make final decision.  Statistically mediation has historically been successful somewhere between 40 to 50 percent of the times it has been used.

What do you need to do?  Put a written arbitration and mediation clause into all contracts you enter into in Mexico.  It will save you many years in Mexican courts and untold legal fees.

NOTE: The Settlement Company® has an arbitration clause in all of its contracts.

About the author::

Don D. Nelson is a specialist at Arbitration and Mediation of Business Real Estate. He is an international tax expert.
If you have questions on any of these changes, email Don at ddnelson@gmail.com